Almost 7 yrs ago I had a credit card with a limit of $1,000 I believe. In 2009 there was a civil judgement against me for over $5,000. This remains on my credit report as judgement against me. Today I received a letter from another attorney suing for almost $8,000 for the same debt. Can any of this be legal?! Please help. Thanks.
You cannot be sued twice for the same debt. From the limited facts you sent, it looks like the judgment was obtained a long time ago, and they are trying to collect it now. Lawsuits do not start with a letter, they .start with a summons or complaint. Contact a local attorney to help.
Please mark this as a best answer and give a review on AVVO if you found this answer helpful.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is only licensed in Pennsylvania, and you should contact an attorney in your jurisdiction if it is outside Pennsylvania.
NO! This does not seem legal. If you already have a judgment against you, you should NOT be sued separately for the same debt. If they try, you may have legal recourse for violations of the FDCPA (Fair Debt Collection Practices Act). I would be happy to review the letter and advise you of your legal rights.
Noah Paul Fardo, Esq.
This response is written for entertainment purposes only. It should not be relied upon for legal advice, and in no way does this answer create an attorney/client relationship. We only represent individual(s) once there is a signed representation and fee agreement in place. Please visit our website to read our full disclaimer. http://pghfirm.com/
Consumer Protection Attorney
You absolutely cannot be sued twice for the same debt, not if they obtained a judgment the first time. This is a blatant violation of the FDCPA (Fair Debt Collection Practices Act). A violation of that act allows you to pursue a claim against the debt collector and the great thing about that law is that it allows you to obtain free legal representation. The FDCPA provides that the debt collector must pay your legal fees. Feel free to contact my office for a free consultation and hopefully, free representation.